Contracts & Agreements_249-2017 - Laserfiche WebLink

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c Privileged Materials shared among the Parties or their Counsel may contain materials protected by other privileges, immunities, and rules of confidentiality,and d In accordance with applicable legal standards, exchanges have been and will be made only of information concerning issues as to which the Parties believe in their sole discretion that they share common interests with respect to the Disputes All Privileged Materials provided by any Party in connection with joint efforts relating to the Disputes, and all material derived from any Privileged Materials so exchanged, shall be deemed subject to the terms of this Agreement All Privileged Materials that are privileged or protected as to any Party or its Counsel shall remain privileged or protected when communicated to another Party or its Counsel in accordance with the joint and common defense concept articulated in Continental Oil Co v United States, 330 F 2d 347 (9th Cir 1964), Waller v Financial Coi p of America, 828 1,2d 579, 5 83 n 7 (9th Cir 1987), and their progeny, California Oak Foundation v County of 7ehema, 1.74 Cal App 4th 1217 (2009), and in accordance with the provisions of California Evidence Code section 912(d), the attorney work- product doctrine and the joint defense common interest, and non-waiver principles articulated in Raytheon Co v Superior Court, 208 Cal App 3d 683, 687-89 (1989), and to the fullest extent provided by law The voluntary disclosure by any Party to this Agreement of Privileged Materials to any other Party shall not be deemed to create any waiver of implied waiver of any applicable privilege or doctrine protecting the Privileged Materials from disclosure to persons not parties to this Agreement The Parties acknowledge that they have been acting in a manner consistent with the terms of this Agreement since the Action first arose and agree that this Agreement is meant to apply to all such action and exchanges of Privileged Materials, whether occurring before or after the execution of this Agreement 14 If any Party is dismissed from the Action by reason of settlement or otherwise, or if any Party shall cease to be a part of this Agreement, such Party's obligation to protect the confidentiality of all Privileged Materials provided to it by the other Parties shall continue 15 After any Party to this Agreement has voluntarily disclosed Privileged Materials to any other Party, the Party disclosing the information shall not be entitled to return of that information until the final determination of the Action as to the party to whom the information was disclosed Upon final dismissal of settlement of the Disputes, including the Action, any written Privileged Materials received pursuant to this Agreement by any settling or dismissed Party shall be returned, upon request, within a reasonable penod of time to the Party that produced the Privileged Materials I 1ca%djm\Agreements\Red1ands Supportwe Housing.Communit} of rrnends.loint Defense Agreement It 13 17 New 3 of 9 DJlid.doc